DENR Administrative Order v

No. 97-24
July 30,1997

SUBJECT DENR Policy on the Release or

Disclosure of Information

Consistent with the provisions of the Philippine Constitution which

promotes transparency in all official transactions of the government
involving public interest. Rules Implementing Republic Act 6713 (Code of
Conduct and Ethical Standards for Public Officers and Employees),
Memorandum Circular No. 78, Series of 1964 (Security of Classified
Matter in Government Departments and Instrumentalities), Memorandum
Circular No. 89, Series of 1993 (National Government Policy on
Accessibility and Transparency), the following policies are hereby
adopted on the release or disclosure of DENR information:

Sec. 1. Objectives. — This policy and guidelines aim to:

1.1 provide public access to all official data or information as results

of official acts, transactions, or decisions of the Department
involving public interest, and research data used in policy
development and related activities;

1.2 promote the timelyldelivery and/or retrieval of reliable, processed,

or validated data ano/or information.

1.3 encourage the constructive and legitimate use of information in

promoting publicTnterest and national development goals; and

1.4 safeguard the unauthorized acquisition of classified, confidential or

sensitive data and/or information that may be used against national
security or interest by unauthorized individuals or entities.

Sec. 2. Scope. — These policies shall be implemented

without prejudice to existing government policies on communication
security. These include the following:
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2.1 All DENR-generated documents, records, communications, and
other related materials, whether prepared by any of its officers or
employees as part of their regular functions or duties, or by any
non-govemment entity commissioned by the DENR to undertake
the preparation of certain documents;

2.2 Data or information or documents submitted by DENR clientele

concerning their application or proposal for Environment and
Natural Resources (ENR) management and other DENR activities;
and

2.3 Information, opinions, statements of DENR officials, functionaries,

employees and consultants given during interviews and/or press
conferences.

Section 3. Procedural Guidelines,

3.1 DENR Written Documents

3.1.1 All DENR written documents shall be classified or

categorized in as follows and in accordance with Annexes 1
and 2:

a. For general/public circulation (PC)

b. For limited circulation (LC)
c. Restricted Documents (RD)
d. Confidential Documents (CD)
e. Top Secret/Secret Documents (TS/S)

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3.1.2 Generally, all documents classified as PC (for
General/Public Circulation) should be made available to the
public even without any formal or written request. A copy
of the documents classified as PC shall be turned over by
the originating office to either the Public Information
Division, Records Management and Documentation
Division, or the Library, for dissemination. Inquiries
through the telephone may be entertained only if the
information requested is classified as PC.

3.1.3 Documents classified as LC (for Limited Circulation) are

made available to concerned parties, subject to the
submission of a formal or written request stating therein the
purpose, and/or payment of reproduction fee, if necessary.
This classification generally refers to completed technical
or detailed reports prepared by DENR personnel. Approval
of the request shall be under the discretion of the Director
concerned or his/her designated officer/s.

3.1.4 Documents classified as RD (Restricted Documents) are for

internal use only, i.e. within DENR, and can only be
accessed by other interested parties through a formal or
written request stating therein the purpose. This
classification generally refers to documents that are
preliminary in nature and are awaiting approval or decision
by the DENR official concerned. Approval of the request
shall be under the discretion of the Director concerned,
after the requesting party has signed a certification that the
information will be used solely for the purpose specified.

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, 4

3.1.5 Documents classified as Confidential or CD are solely

available to concerned DENR officials/personnel and
therefore, cannot be accessed, handled, reproduced by
unauthorized persons. Data or Information submitted by the
DENR clientele concerning their applications/ proposals for
ENR management and other DENR activities shall be
classified as CD. Disclosure of such information rests on
the discretion of the Secretary or his/her designated officer,
or upon order of higher official or the courts.

3.1.6 Documents classified as Top Secret/Secret or TS/S are

those, which when revealed indiscriminately, could
endanger national security or seriously injure the interest or
prestige of the nation. Access to such documents is
reserved to the Department Head and other concerned
higher officials and cannot be disclosed without clearance
from the President or his/her authorized representative.

3.1.7 The originating office or the source of

information/documents shall be responsible for assigning
the initial classification to the document according to the
categories mentioned in Section 3.1.3 hereof . A
reclassification may take place depending on the action or
policy taken thereon by the recipient of the document, in
which cases the receiving office will reclassify the
document using Annexes 1 and 2 hereof.

3.1.8 All DENR documents shall be labeled with the initials of

their appropriate classification before they leave the source
or the originating office. In case a reclassification is
necessary after the documents has been acted upon by the
receiving office or the succeeding offices where the

425
 documents has been referred to, the label shall be replaced
accordingly.

3.2 Information Dissemination through Interviews.

3.2.1 Authorized spokesperson of the Department on critical

issues of national/intemational import is the Secretary,
unless he/she designates another spokesperson.

3.2.2 Bureau/Office Directors, Regional Executive Directors

(REDs) and Regional Directors (RDs) of MGB may issue
statements only on matters within their respective
functional areas of operation or jurisdiction. The same
principle shall apply to Assistant Directors (ADs) and
Regional Technical Directors (RTDs), but only upon prior
authorization from their respective Directors.

3.2.3 Where statements of the Bureau Directors/REDs/ RDs may

effect the jurisdiction of another sector or region, or impact
on the Department as a whole, prior clearance should be
obtained from the Senior Official concerned. The same
principle shall apply to ADs and RTDs who have been
authorized by their respective Directors to issue statements
on their respective concerns.

3.2.4 In areas where the Department policy or position still has to

be defined or resolved, issuance of statements is best left to
the Secretary or his/her designated spokesperson. Where
the Secretary has made a public statement on such an area,
other Department/Bureau/Regional officials may give
statements along that line.
426
 3.2.5 Where a subject matter adversely affects the internal affairs
of another executive agency, the Congress, the Judiciary,
Constitutional bodies or a foreign country, issuance of
statements should be left to the Secretary or his/her
designated representative.

3.2.6 Where information is critical e.g., graft and corruption,

personal matters, agency image, etc., statements should
have prior clearance and consultation from the Secretary or
his/her designated representative and the official/person
concerned.

3.2.7 Official DENR positions affecting respective regional,

provincial and community offices shall be furnished to said
offices. The Public Information Division and Records
Management and Documentation Division shall ensure of
timely release of such information.

Sec. 4. Sanctions and Penalties.

Violation of the aforementioned policies shall be considered a

ground for appropriate legal action. Any official or employee of the
DENR violating any of these policies is therefore, subject to punishment
prescribed under Rules X and XI of the Rules Implementing the Code of
Conduct and Ethical Standards for Public Officials and Employees RA
6713, and also Section 23 of the Omnibus Rules Implementing the Code
of Conduct and Ethical Standards for Public Officials and Employees RA
6713, and also Section 23 of the Omnibus Rules Implementing Book V of
Executive Order (EO) No. 292, other Civil Service Laws, and under the
Revised Penal Code.

Section 23, letter (x) of the Omnibus Rules considers the

disclosure or misuse of confidential or classified information as a grave
offense with the corresponding penalty of suspension for six (6) months to
one (1) year for the first offense, and dismissal for the second offense.
427
 Sec. 5. Transitory Provisions.

The HEA shall oversee the implementation of these policies. The

Public Information Division and Records Management and
Documentation Division of the DENR Central Office, and the Public
Affairs Office of Regional Offices and Bureaus shall cooperate with the
HEA to properly implement these policy and guidelines. They shall also
recommend for improvement of these policy and guidelines.

Sec. 6. Separability Clause.

Any provision of this Order which may be declared

unconstitutional shall not have the effect of nullifying other portions or
provisions hereof as long as such remaining portions or provisions can still
subsist and be given effect in their entirety.

Sec. 7. Repealing Clause.

All other Orders, Memoranda and other issuances or parts thereof

which are inconsistent with this Order, are hereby repealed, amended, or
modified accordingly.

Sec. 8. Effectivity Clause.

This Order shall take effect fifteen (15) days after publication in
newspapers of general circulation.

(Sgd.) VICTOR O. RAMOS

Secretary

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 vS J. .
C

.BhO 57-24fAnnex 1, Annex i. Classification of BEHR Documents

iTRAHSMISSIOH :
:PRESCRIBED 4 RELEASE / CLEARI11G : REPRODUCTION.
:CLASSIFICATIOH :CLA SSIFICATIOH :DESCRIPTIOH
USERS . PROCEDURE
• OFFICER
liorrcal dissemination
:Information is of public :General Public : a) Ho formal or written Reproduction or copying
iractor is allowed without DERR system
PUBLIC : request is necessary
CIRCULATION (PC) :concerned or ;his/:concern or directly pro- : permission provided :
:b) Information can
-.her designate :motes the objectives of : a) suitable credit- is
• ejir conservation, deve- : : be acquired from the
: Public Information given
:lopment or management s b) distribution is not
: Division, Records :
for profit
: Division, or the :
: : Library
:
: c) Ho clearance is
: needed :
ormal dissemination
: i
11 concerned -.Written request from : Reproduction or copying
: Completed technical and ystera i
LIMITED Director
:detailed reports prepared: parties : concerned or interested :is allowed without BEHR
CIRCULATION (LC) concerned or stating therein the:permission provided:
■by DENR personnel which :party
his/her desig­ a) suitable credit is
:purpose, to be approved
nate smay requite DENR assist- :hy the Director concerned given
V : ance for useful and/or ) distribution is not
:accurate interpretation -.or his/her designate
for profit
! : formal dissemination
^production or copying
: Inter-office coromunica- DENR personnel *. Exception to be deter- system
RESTRICTED Director :mined by the Director con s not allowed without
concernd or his/ :tions/repc.rts awaiting only
DOCUMENT (RD)•
action or decision by : cernad on a case to case permission of clearing :
her designate : officer.
:DENR officials, including : basis, subject to the :
unprocessed, unvalidated : submission of written
: :
•or unofficial data and : request l certification :
i :of purpose by the re­
1 other documents that are
1 ! questing party.
l : intended for internal us
: :
i :of DENR
:lfot accessible to un­ a) Reproduction or copy­ a)- Direct contact
: Information, the unautho-: conceiTied DENR of officers
ONFIDEHTIAL [Director ! authorized DENR persorme ing is not allowed
DOCUMENT (CD) [concerned or his/: rized disclosure of which:officials only -.and the public, except without permission of .concerned
:her designate : while not endangering the: clearing officer b) By officially
[national security, would : : by order, of the DENR designated
:Secretary or the Courts b) Reproduction must be
-.be prejudicial to the : under supervision of : courier
: :
-.interest or prestige of i hall be covered by
: : the designate of the
: the nation or any govern-: clearing officer receipt system
: I
: i ment activity, or would : i

: :cause administrative [
:
:embarassroent or injury : :
: :
:to an individual : [
: Jot
accessible to unautho:a) Reproduction or copy-:a) Direct contact
[Information, the unautho-:Department head ing is not allowed with- : • of orficers
:TOP SECRET/ .-The Secretary rized personnel and the
[SECRET DOCUMENTS':or his/her :rized disclosure of which:and his autho- public, except by order :out - permission of clear-
:would cause damage to the:rized officials.
:(TS/S) ■designate Of the DENR Secretary, or.ing ^ be ;rieBignated courier _
: nation, politically, :
: the President
: : edonomically, or from a t [under supervision of the :
: security aspect, or may’ : : designate of the clearing:
:cause serious injury to : . [officer :
-.the interest or prestige :
:of the nation :
 Restricted Confidential : Top Sacrat/Secret :
eneral Public Circulation : Limited Circulation : i .

:mature disclosure of :pending in the Office of the:

s
:which may jeopardize the president. .•Information which would
:Tenement information on: :Other similar completed
:conclusion of such pro- : :indicate the capabilities
•(a) nominal location invol-:technical/datailad
:caedings :Company profile/trada :or major successes of our
ing one municipality, :unpublished reports or
:sacrets/other application :intelligence services or
b)' bounding coordinate :documents.
Copy of certificates of :data/providad by DEHR :which would imperil
quivalent to 20 :
eridional blocks, (c) : survey instrument regis- :Clientele in the course of :secret sources.
:tration, holder of public:applying for various HR :
laims verification for :
:land applicant, survey : rights/peraits/agreaments :Vital military informa- :
hich no limit shall be set: :
s to number of claims by : :notification card, copy -.and other similar proposals,:tion, including photo-
•.and the evaluation thereof :graps, maps, etc. irala- :
ndividual client at any : : of survey authority,
:owner's duplicate copy :by DEHR. :ting to important defen- :
na time,provided the claim: :ses, establishments, and :
to be verified is the : :of title of land, copy :
;of perrait/lease contracts:Technical matter not of :installations.
claimant’s, (d) claim veri-:
: :major importance but which :
fication by a third party : :Critical information
: Approved survey plans :has a distinct military
accompanied with proper ! about cryptography in .so
: :with pending cases, ins- :value or requires pro-
authorization. :far as it relates to
: pection report prior to itection.
:th'a .issuance/denial of : :devices and equipment
Official financial reports :under development. f
or statements (e.g.quarter­ :survey authority, copy of:Certain complications of
ly/annual income from fees/ :survey plan of military :data or items which indivi- :
:reservations/protacted : dually may be classified :Certain complications
charges, budget expendi­
:areas, watershed reser­ •.RESTRICTED or which may be : of data or items, which
tures) :unclassified, but the aggra-: individually may be
vations
:gation of which enhances classified COMFIDENTIAL
Speeches, symposium/forum :
:Department books of in- :their security value. or lower, but which col­
reports. lectively should be put
•.struction, training and t
:technical documents in­ : Executive committee reports,:in a higher grade.
tended for official use : proceedings
:only :
r
r

DAO 37-24, Annex 2.

Annex 2: E2A11PL2 OF DENR DOCUMENTS PER CLASSIFICATION

:General Publ\c Circulation : Limited Circulation : Restricted : Confidential : Top Secret/Secrat :

! : : : • :
:Laws, policies, regulations:Special orders and other ' :A11 inter-office comjnuni-:Preliminary or non-conclu- :Aerial photos/specific :
:administrative issuance on :office orders regulating. :cations, notes, memoranda:siva reports of studies/re- : location of old growth :
:EKR which affect the public:only DENR personnel and :prior to the knowledge :searches/investigations that:forests and other vital :
: :not the public. :of the,official to whom :may cause undue public alarm:natural resources. :
:Manuals, primers, SOPs for : :it is addressed. : :
.•various DEHR applications/ :Provisions of contract/ : :Information that may have :Very important political
:services. agreement entered into :A11 technical, investiga-:adverse impact on the :documents dealing with
: :by and between the Depart ;tivo, research, evalua- -.Department’s image/repufca- negotiations for major
:Plans/Programs/Projects/ :raent/Bureau and its client:tion reports prior to theition or that which may em- :alliances.and/or high
:performance targets and : :approval of the recom- :harass any DEHR official :level directives dealing
:accomplishments. :List and status of :mendation or formulation :or any individual who has a :with other important
: :various natural resources : of policy thereon by the:direct stake in the :negotiations with other
:DENR organizational struc- applications. :concerned official (e.g. :interests/operations of foe :countries,
:turas, mandate, functions, : iland classification geo- :Department :
directory of officials. :Status/Accomplishmants of :logic reports, task force: :Major governmental pro-
: :ongoing projects, re- :/gomraittaa reports, etc.) :5ub-judica matters, specifi-:jects such as drastic
:List, profile, abstract of :searchas, studies. :• :cally, the merits or deme­ proposals to adjust the
: ongoing •?nd completed pro- : :All financial documents rits of a case that has pro-:nation's economy (before
:jects, researches, studies,:Project terminal reports, :prior to the approval of :perly bean brought to the :official publication) or :
:and tachnical reports. :progress evaluation :the official concerned jjudicial process for :proposals for new schemes:
: :reports. : :resolution. :of government or other :
:Results of studies : :Detailed project propo- : :controls, for knowledge :
{approved for adoption by :FAFs project documents, :sals, Consultant's re- :Information contained in :of which would seriously :
:the Secretary. :loan agreements, finan- :port, Feasibility Study :personal, HKD, medical or :prejudice their operation:
: :cial disbursements/with- {reports :similar records, the dis- :
:A11 publications, e.g., :drawal applications : :closure of which may cons- :Matter relating to new :
:newsletter, technology . : {Equipment requirements :tituta an invasion of per- :and far reaching expari- :
{transfer,statistical re- -.Completed EI5, issued •.of DEHR offices/projects :sonar privacy or may put the:mental, technical and :
:ports, annual and perform- :ECCs, status of PAB cases :prior to the public bid- :lifa of an individual in :scientific developments
:ances reports : :ding’s official announce-:imminent danger. :of warfare and defense.
: {Decision on legal case :raent, including results : : :
{Official reports on the {after it was served to : of PBAC meetings, unless :Identity of personnel being {Critical information re-
:state of the environment :the concerned parties :its announcement was :investigated for misconduct/:lating to vital strate-
:and. natural resources and : :approved by the official :anomaly/fraud prior to the :gic areas and the sup­
{information on related in- :Copy of the approved {concerned. .•filing of appropriate ply of vital strategic
:dustry groups, including {survey plans except : •.charges or completion of {materials, including
{validated statistics/maps/ :those under litigation, {Tenement information not :the findings of the boards :plans or details or
:data on the classification,{technical description of {covered in the preceding {created for such purpose. {schemas for the de- :
•.use, condition :lots, certified geogra- :classification :fensa of areas other than:
{.extent of natural resour- • :phic position of refer- : :The specific nature of recora:vital strategic areas
.:ces, and status of dispo- :ence and control points, .•Details of legal invest!-:mandation£ submitted by the :and plans or particulars
rsition (e.g. licenses :List of claimants in a :gations or law enforce- •.Department on matters that :of operations connected
{permits, leases issued. -.cadastral survey. :ment activities, the pre-':require approval of and are- :with them.